WVC 22 C- 1 - 16
§22C-1-16. Rentals and other revenues from water development
projects owned by the authority; contracts and
leases of the authority; cooperation of other
governmental agencies; bonds of such agencies.
This section applies to any water development project or
projects which are owned, in whole or in part, by the authority.
The authority may charge, alter and collect rentals or other
charges for the use or services of any water development project,
and contract in the manner provided by this section with one or
more persons, one or more governmental agencies, or any combination
thereof, desiring the use or services thereof, and fix the terms,
conditions, rentals or other charges for such use or services.
Such rentals or other charges are not subject to supervision or
regulation by any other authority, department, commission, board,
bureau or agency of the state and such contract may provide for
acquisition by such person or governmental agency of all or any
part of such water development project for such consideration
payable over the period of the contract or otherwise as the
authority in its sole discretion determines to be appropriate, but
subject to the provisions of any resolution authorizing the
issuance of water development revenue bonds or notes or water
development revenue refunding bonds of the authority or any trust
agreement securing the same. Any governmental agency which has
power to construct, operate and maintain public water facilities,
stormwater systems or wastewater facilities may enter into a contract or lease with the authority whereby the use or services of
any water development project of the authority will be made
available to such governmental agency and pay for such use or
services such rentals or other charges as may be agreed to by such
governmental agency and the authority.

Any governmental agency or agencies or combination thereof may
cooperate with the authority in the acquisition or construction of
a water development project and shall enter into such agreements
with the authority as are necessary, with a view to effective
cooperative action and safeguarding of the respective interests of
the parties thereto, which agreements shall provide for such
contributions by the parties thereto in such proportion as may be
agreed upon and such other terms as may be mutually satisfactory to
the parties, including, without limitation, the authorization of
the construction of the project by one of the parties acting as
agent for all of the parties and the ownership and control of the
project by the authority to the extent necessary or appropriate for
purposes of the issuance of water development revenue bonds by the
authority. Any governmental agency may provide such contribution
as is required under such agreements by the appropriation of money
or, if authorized by a favorable vote of the electors to issue
bonds or notes or levy taxes or assessments and issue notes or
bonds in anticipation of the collection thereof, by the issuance of
bonds or notes or by the levying of taxes or assessments and the
issuance of bonds or notes in anticipation of the collection thereof and by the payment of such appropriated money or the
proceeds of such bonds or notes to the authority pursuant to such
agreements.

Any governmental agency, pursuant to a favorable vote of the
electors in an election held for the purpose of issuing bonds to
provide funds to acquire, construct or equip, or provide real
estate and interests in real estate for a public water facility,
stormwater system or wastewater facility, whether or not the
governmental agency at the time of such an election had the
authority to pay the proceeds from such bonds or notes issued in
anticipation thereof to the authority as provided in this section,
may issue such bonds or notes in anticipation of the issuance
thereof and pay the proceeds thereof to the authority in accordance
with an agreement between such governmental agency and the
authority: Provided, That the legislative authority of the
governmental agency finds and determines that the water development
project to be acquired or constructed by the authority in
cooperation with such governmental agency will serve the same
public purpose and meet substantially the same public need as the
facility otherwise proposed to be acquired or constructed by the
governmental agency with the proceeds of such bonds or notes.

Note: WV Code updated with legislation passed through the 2016 Regular Session
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